United States Eleventh Circuit

In a capital habeas matter, petitioner's application to the Court of Appeals for leave to file a second or successive 28 U.S.C. section 2254 federal habeas petition, the application is denied where: 1) petitioner failed to allege what evidence was new, when it was discovered, or how it could not have been discovered previously through the exercise of due diligence; and 2) the evidence presented by petitioner was not sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable jury would have found petitioner guilty of the underlying murders.

Appellate Information

• Decided 10/26/2010
• Published 10/26/2010

Judges

• Array

Court

• United States Eleventh Circuit

Counsel